What happens if I were to pass away without a valid Will?
If you die without a Will, you are said to have died ‘intestate’. In this case, your assets are distributed in line with Part 3 of the Succession Act 1981. The Act sets out intestacy rules, which means your estate will first go to your next of kin, which is your spouse or de facto partner, and children or grandchildren in shares specified in the Act.
If there is no spouse, children or grandchildren, then there is a formula for who your next beneficiaries are.
This formula may lead to parents, siblings (including half-siblings), nephews and nieces, grandparents, uncles, aunts and cousins. This gets more complex if any of the beneficiaries have passed away. The best way to make sure your estate is administered how you want is to have a valid Will.
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